[Marxism] Pakistan's chief protester

["Ghulam Mustafa Lakho" <gmlakho.advocate@xxxxxxxxx>]

LAWYER OF THE YEAR | IFTIKHAR MUHAMMAD CHAUDHRY

Pakistan's chief protester
http://www.law.com/jsp/nlj/PubArticlePrinterFriendlyNLJ.jsp?id=1197367478857


Pakistan's chief protesterRex Bossert / Editor-in-Chief
December 17, 2007


Iftikhar Muhammad Chaudhry is not exactly a household name to the legal
profession in the United States. We think he should be.

Chaudhry, the chief justice of Pakistan who was dismissed from office by
President Pervez Musharraf after the imposition of emergency rule, has been
a strong voice for the preservation of the rule of law in Pakistan — one of
the United States' key allies in the war on terror.

Though currently held under house arrest, Chaudhry has spoken out against
emergency rule and has inspired thousands of his lawyer-brethren to protest
in the streets in their traditional black suits and ties. He has become an
international symbol of an independent judiciary and of resistance to the
excesses of military rule. Hundreds of attorneys have also turned out to
protest on his behalf in cities across the country.

As this year's *National Law Journal *Lawyer of the Year, Chaudhry is a bit
of a departure, since normally our sights are set on the American legal
community. And there were certainly numerous U.S. lawyers who deserved
mention, as indicated by the many nominations we received from our readers.
The unusual choice of Chaudhry was prompted by the rare instance of a judge
taking such a bold and influential stand against a government in defense of
judicial independence and the rule of law. And his example has prompted much
commentary and concern among lawyers in this country, who by virtue of their
profession have a vested interest in promoting the rule of law.

Chaudhry's example reminds us that no government or person — whether ally or
enemy — is above the law.

*Reluctant revolutionary*

Chaudhry hardly began his career as a revolutionary. According to press
accounts and a court Web site, he was born to a lower middle class family in
the city of Quetta, Pakistan, in 1948. He studied locally and then earned a
law degree in Hyderabad. Chaudhry started practice as an advocate in Quetta
in 1974. He practiced in many fields of law, including criminal, civil, tax
and constitutional law, and eventually became president of the bar
association of the Pakistan province of Balochistan. In 1989, he became
Balochistan's advocate general, and the next year, a judge of the province's
high court. A stint as chief justice of the Balochistan High Court followed
in 1999, and he was then elevated to the Pakistan Supreme Court in 2000. In
2005, he was appointed chief justice of Pakistan.

During these years he showed few signs of breaking with traditions or an
independent streak. Indeed, he participated in Supreme Court sessions
between 2000 and 2005 that validated Musharraf's military takeover, the
legal framework for his rule, and a constitutional amendment that gave
Musharraf added powers and allowed him to keep his hold over the army.

But after becoming chief justice, Chaudhry began to show a desire to assert
the high court's independence. According to various press accounts, he began
pushing the government to disclose the whereabouts of Pakistanis who were
secretly detained by intelligence agencies for alleged terrorism or other
political purposes. He also held unconstitutional a steel-mills
privatization plan that was dear to Prime Minister Shaukat Aziz.

On March 9, Musharraf, backed by Aziz and the military, suspended Chaudhry
because of alleged nepotism and abuses of office, sparking mass protests. A
13-member panel of the Pakistan Supreme Court reinstated Chaudhry in July,
saying he was illegally suspended and dismissing charges against him. At the
time Musharraf said he would accept the court's ruling, which the London *
Times* said was the first ever by the court against a military ruler.

But on Nov. 3, Musharraf, perhaps fearing the Supreme Court would overturn
his recent election as illegal because he remained head of the military,
suspended the Constitution and purged the court of Chaudhry and others who
he felt were disloyal. In his declaration of emergency, Musharraf accused
the judiciary of hindering his fight on terrorism, and he said he needed to
maintain stability in the face of extremism. Musharraf has asked judges to
swear an oath to the provisional Constitution, but many have refused, at
Chaudhry's encouragement. Lawyers are also boycotting courtrooms run by
judges who have sworn their loyalty to new legal regime.

Chaudhry was replaced by a new chief justice, and eight other high court
justices swore a new oath. The reconstituted court set aside an earlier
ruling by Chaudhry and other rebellious judges that the emergency was
unconstitutional.

Under house arrest, Chaudhry made a cellphone call to a meeting of the
Islamabad Bar Association in which he told dozens of lawyers on
speakerphone: "The lawyers should convey my message to the people to rise up
and restore the Constitution.

"I am under arrest now, but soon I will also join you in your struggle."

He has also been secretly calling Pakistani journalists, who are defying an
emergency order prohibiting coverage that would embarrass Musharraf or the
government.

Asked by CNN International whether he had a message for Musharraf, Chaudhry
said, "He should restore the judiciary, which was working independently in
this country for the strengthening of the institution of democracy."

Pakistani lawyers, who have been among the most vociferous opponents of
Musharraf, are continuing to protest Chaudhry's treatment and military rule,
and are boycotting court proceedings in several cities. In the face of such
opposition, Musharraf — who recently took off his military chief's uniform
and has been sworn in for a five-year term as civilian president — has
promised to end the state of emergency and restore the Constitution before
January parliamentary elections.

*Outpouring of support*

The Harvard Law School Association has recently awarded Chaudhry its highest
medal, the Medal of Freedom.

"As lawyers who value freedom and the rule of law, we at Harvard Law School
want Chief Justice Chaudhry and all of the courageous lawyers in Pakistan to
know that we stand with them in solidarity," said Harvard Law School Dean
Elena Kagan.

"We are proud to be their colleagues in the cause of justice, and we will do
all we can to press for the prompt restoration of constitutionalism and
legality in Pakistan."

Hundreds of lawyers recently held a protest march in Ottawa over the
situation in Pakistan, sponsored by the Canadian Bar Association, which is
also urging lawyers to sign a petition and write to Pakistani officials.

Among many others in the United States who have rallied in support, the
American Bar Association spoke out against Chaudhry's suspension earlier
this year, saying that it "appears to have been inconsistent with the
language of Article 180 and Article 209 of the Constitution of Pakistan.
International covenants and conventions recognize and adopt the right of an
independent judiciary as an essential pillar of a society that contends it
supports the principle of justice for all."

More recently, lawyers have also rallied in support of Chaudhry in cities
across the United States.

And on Dec. 4, American Bar Association President William H. Neukom asked
lawyers around the country to sign a petition asking Musharraf to restore
the constitution in Pakistan, reinstate Chaudhry and other justices and free
lawyers and civil leaders who have been jailed unjustly.

"An independent legal system and a just constitution are cornerstones of all
lawful societies. The arrests of Pakistan's Supreme Court justices, and of
thousands of lawyers, judges and civil leaders, are a profound breach of the
rule of law," Neukom wrote. "The suspension of Pakistan's institutions of
justice is a threat to the rule of law in all nations. We, the lawyers of
America, stand with you."

The NLJ joins the chorus of those calling for the just treatment of Chaudhry
and a return to the rule of law in Pakistan.
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